CHAPTER 4REPRESENTATION AND SUPPORT

Lay support4.6

1

A party litigant may apply to the sheriff for permission for a named person to assist the party litigant in the conduct of proceedings, and such a person is to be known as a lay supporter.

2

The sheriff may refuse an application only if the sheriff is of the opinion that—

a

the named person is an unsuitable person to act as a lay supporter; or

b

it would be contrary to the efficient administration of justice to grant it.

3

The sheriff, if satisfied that it would be contrary to the efficient administration of justice for permission to continue, may withdraw permission.

4

A lay supporter may assist a party by accompanying the party at hearings.

5

A lay supporter may, if authorised by the party, assist the party by—

a

providing moral support;

b

helping to manage court documents and other papers;

c

taking notes of the proceedings;

d

quietly advising on—

i

points of law and procedure;

ii

issues which the party litigant might want to raise with the court.

6

A party may show any document (including a court document) or communicate any information about the proceedings to that party’s lay supporter without contravening any prohibition or restriction on disclosure of the document or information.

7

Where a document or information is disclosed under paragraph (6), the lay supporter is subject to any prohibition or restriction on disclosure in the same way as the party is.

8

A lay supporter must not receive directly or indirectly from the party any remuneration or other reward for assisting the party.